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Florida Statute 115.11 - Full Text and Legal Analysis Florida Statute 115.11 | Lawyer Caselaw & Research
Fla. Stat. § 115.11 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
115.11 Leave not to extend beyond term of office; temporarily unoccupied position.
(1) In the event that the term of office of an official on leave shall expire during such leave, the office of that official shall be filled by election or appointment as may be required by law; provided, however, that said official on leave shall have the right to qualify and become a candidate for such office and, if nominated or elected, shall have the same rights and privileges herein accorded to an incumbent.
(2) Should such military leave of absence for any elected municipal officer extend for more than 60 days, the temporarily unoccupied position created by such leave may be filled by majority vote of the remaining members of the legislative body of the municipality. This temporary appointment shall terminate upon the elected official’s return from active military service or upon the expiration of his or her original term of office, whichever occurs first.
History.s. 4, ch. 20718, 1941; s. 1, ch. 91-92; s. 738, ch. 95-147.

Cases Citing F.S. 115.11

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Ago (Fla. Att'y Gen. 2001).

Published | Florida Attorney General Reports

...10 No changes have been made to Chapter 115 , Florida Statutes, that would alter the conclusions reached in Attorney General Opinion 50-482 or in In re: Advisory Opinion to the Governor . In contrast, the filling of temporarily unoccupied positions in municipal office due to active military duty is addressed in section 115.11 (2), Florida Statutes, providing: "Should such military leave of absence for any elected municipal officer extend for more than 60 days, the temporarily unoccupied position created by such leave may be filled by majority vote of the remaining members of the legislative body of the municipality....

This Florida statute resource is curated by Graham W. Syfert, a Jacksonville, Florida personal injury and workers' compensation attorney (Florida Bar No. 39104). For legal consultation, call 904-383-7448.